LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

WWHGD Prevails in Medical Malpractice Case

Weinberg Wheeler Hudgins Gunn & Dial partner Kevin Williams  recently emerged from a nine day jury trial with a victory for the defense. The medical malpractice case Carol Crisco, M.D. & Larry Van Crisco, M.D. v. C. Daniel Smith, M.D.; The Emory Clinic, Inc.; Jay S. Miller, M.D.; Peachtree Vascular Associates, PC; Averel B. Snyder, M.D.; and Peachtree Cardiovascular & Thoracic Surgeons, PA was tried in Fulton County State Court before Judge Patsy Y. Porter. It involved two separate surgeries for which malpractice was alleged.

The first surgery was performed by Dr. Smith at The Emory Clinic, and resulted in an alleged negligent suture in the aorta. Five weeks post-operation, the patient was diagnosed with an aortic pseudo-aneurysm. At that point, Dr. Miller, a vascular surgeon, was called in to perform a life-saving cardio-thoracic procedure, with the assistance of Dr. Snyder. Mr. Williams represented Dr. Snyder and his professional group, Peachtree Cardiovascular & Thoracic Surgeons, PA.

The plaintiff alleged that surgical plan to repair the aortic pseudo-aneurysm was flawed, which resulted in paraplegia. Plaintiffs counsel, William Q. Bird of Bird & Mabrey P.C. and Karin Middleton, demanded $4.8 million prior to trial, and the Snyder defendants made an offer of judgment in the amount of $1,000. Following eight days of evidence and one day of jury deliberation, the jury returned with a verdict for all defendants.

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